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Senate
Bill No. 647
On this past June 28, Senator Alan Sanborn introduced a bill which has
been referred to the Committee on Judiciary to restrict the use and disclosure
of certain statements made by law enforcement officers.
In essence, it proposes
that if a law enforcement officer is explicitly ordered to answer a question
under threat of dismissal from employment or other employment sanction,
and by complying with the order, the law enforcement officer is required
to waive the constitutional privilege against self-incrimination; that
statement is a confidential statement and is not open to public inspection.
The only ways in which it can be disclosed is:
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With
the written consent of the law enforcement officer who made the statement
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To
a prosecuting attorney or attorney general pursuant to a search warrant;
subpoena, or court order, including an investigative subpoena issued
under provisions of the law. However, a prosecuting attorney or attorney
general who obtains an involuntary statement under any of these provisions
shall not disclose the contents of the statement except to a law enforcement
agency working with the prosecuting attorney or attorney general or
as ordered by the court having jurisdiction over the criminal matter,
or as constitutionally required, to the defendant in a criminal case. |
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To
officers of, or legal counsel for, the law enforcement agency or the
collective bargaining representative of the law enforcement officer,
or both, for use in an administrative or legal proceeding involving
a law enforcement officer’s employment status with the agency
or to defend the law enforcement agency or law enforcement officer
in a criminal action. |
The full text can
be found online at www.legislature.michigan.gov/
We urge you to research this bill, read it for yourself, and contact your
State Senator as this directly affects you and your rights as a police
officer!
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